Re Procurement of Faecal Immunochemical Test (FIT) related services and materials

 

We are writing to make a request for information relating to the above procurement to which we believe we are entitled under the Freedom of Information Act 2000.

 

We understand that the procurement has now completed and the contract has been awarded. Please send us:

– Confirmation of how many fully compliant bids the NHS received for this Tender?

– Confirmation of whether the KPIs set out in the Tender documents were agreed by the winning bidder?

– Confirmation of whether any bidder sought to amend the KPIs set out in the Invitation to Tender

– Confirmation of whether any changes to the KPIs were agreed by you with any bidder after they had been issued to bidders

– A copy of the contract agreed with the winning bidder

 

As you know, Royal Surrey County Hospital NHS Foundation Trust is the lead contracting authority for the FIT procurement. The procurement has not yet been completed and no contract has been agreed or awarded. We are currently in the process of finalising the contract for the provision of FIT services with the preferred bidder.

We are therefore withholding the majority of the information requested, under section 43(2) of the Freedom of Information Act (Commercial Interests). The Trust accepts that there is a public interest in how public money is spent; however there is also a need to withhold information that would prejudice the commercial interests of the Trust and/or third parties. In assessing the public interest, the Trust takes the view that this would be the case in this instance due to the commercial sensitivity of the procurement and contracting process. However, I can tell you the following:

  • The Authorities received two tenders.
  • No contract has been agreed with the winning bidder.

On 19 February 2019 you emailed a letter, dated 14 February 2019, requesting:

We note that you have stated that most of the information we have requested is commercially sensitive whilst the contract was been concluded. As the procurement has now concluded, and the award was made public as of the 31st January 2019, please can you revisit the original FOI questions, with specific attention to the withheld answers?

Please find our updated answers below.

– Confirmation of how many fully compliant bids the NHS received for this Tender? As stated in the previous response, two.

– Confirmation of whether the KPIs set out in the Tender documents were agreed by the winning bidder? Yes.

– Confirmation of whether any bidder sought to amend the KPIs set out in the Invitation to Tender – Yes.

– Confirmation of whether any changes to the KPIs were agreed by you with any bidder after they had been issued to bidders – No material changes were agreed with any bidder after they had been issues to bidders. Some clarification and further detail was added to KPIs with the winning bidder during contract finalisation.

– A copy of the contract agreed with the winning bidderPlease find the contract attached below. Some of the information in the contract has been retracted on the basis of the exemption contained within section 43(2) of the Freedom of Information Act (Commercial Interests).  The Trust accepts that there is a public interest in how public money is spent; however there is also a need to withhold information that would prejudice the commercial interests of the Trust and/or third parties.  In assessing the public interest, the Trust takes the view that this would be the case in this instance as, if the Authorities needed to re-procure FIT services in the near future, it would not be in the public interest for potential providers to know the detailed pricing structure of the incumbent provider.

 

FIT Contract final 25.1.19 redacted version

©2019 Royal Surrey County Hospital

Log in with your credentials

Forgot your details?